The powers library03 of 59 Stop and search

Search for controlled drugs

s.23Misuse of Drugs Act 1971

Lets a constable stop, detain and search a person or vehicle when they have reasonable grounds to suspect someone unlawfully has a controlled drug, and lets a magistrate issue a warrant to search premises for drugs.

Search for controlled drugs · Misuse of Drugs Act 1971, s.23Card 03 / 59

When you can use it

s.23(2)The officer is a constable
Reasonable grounds to suspect that a person is in possession of a controlled drug
The possession is unlawful, in breach of the Act or regulations or orders made under it
s.23(2)(b)For a vehicle or vessel, the constable suspects the drug may be found in it
Code A 2.2A genuine suspicion in the officer's own mind, with an objective basis in facts, information or intelligence
Code A 2.2BNever based on personal factors such as appearance or previous convictions
s.23(3) warrantA justice of the peace is satisfied on oath that there are reasonable grounds to suspect controlled drugs are unlawfully in the possession of a person on the premises, or that documents linked to a drugs offence are

What it allows

Search a person – s.23(2)(a): search them and detain them for that purpose. In public, they can only be required to remove an outer coat, jacket or gloves.
Search a vehicle or vessel – s.23(2)(b): search it and require the person in control to stop it. A vessel includes a hovercraft.
Seize – s.23(2)(c): anything found that appears to be evidence of an offence under the Act.
Warrant – s.23(3): any constable may, within one month of issue, enter the named premises (by force if need be), search them and any persons found there (if the warrant specifically authorises it, Code A 2.27), and seize drugs or documents.

Key definitions

Controlled drug – s.2: any substance or product listed in Schedule 2 (Class A, B or C), or covered by a temporary class drug order.
Possession – s.37(3): includes anything under the person’s control that someone else has custody of.
Detain – s.2(8) PACE: only as long as reasonably needed to search at or near the place of the stop.

Safeguards

Before searching – s.2 PACE and Code A 3.8: warrant card if not in uniform, then the GO WISELY information (detained for a search, name and station, power, object, grounds, right to a copy).
Extent – Code A 3.6–3.7: a more thorough search must be out of public view. Removing more than an outer coat, jacket, gloves, headgear or footwear needs an officer of the same sex. Intimate exposure only at a nearby police station or other nearby place out of public view, never a police vehicle.
Record – s.3 PACE and Code A 4.1–4.3: record the search on the spot unless wholly impracticable, including self-defined ethnicity.
Warrants – ss.15–16 PACE and Code B govern applying for and executing the warrant. Execute within the one-month s.23(3) limit, not the general three months in PACE s.16(3). Persons on the premises may be searched only if the warrant specifically says so (Code A 2.27).

Good to know

An officer not in uniform cannot stop a vehicle under this power (s.2(9)(b) PACE).
There is no place restriction (Code A Annex A: anywhere), but s.23(2) gives no power to enter premises.
Intentionally obstructing an officer using s.23 powers is an either-way offence (s.23(4)), up to 2 years on indictment.

Legislation: Misuse of Drugs Act 1971, s.23 (opens legislation.gov.uk in a new tab)
Who can use it: A constable
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Search for controlled drugs: questions people ask

When can the police use search for controlled drugs?

1. The officer is a constable 2. Reasonable grounds to suspect that a person is in possession of a controlled drug 3. The possession is unlawful, in breach of the Act or regulations or orders made under it 4. For a vehicle or vessel, the constable suspects the drug may be found in it 5. A genuine suspicion in the officer's own mind, with an objective basis in facts, information or intelligence 6. Never based on personal factors such as appearance or previous convictions 7. A justice of the peace is satisfied on oath that there are reasonable grounds to suspect controlled drugs are unlawfully in the possession of a person on the premises, or that documents linked to a drugs offence are

Who can use search for controlled drugs?

A constable.

What law gives the power for search for controlled drugs?

Misuse of Drugs Act 1971, s.23.

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